West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-03-18
Ronxrr. W. Va. March 10. ,s7.


dance Of leisure, l thought would
amuse myself with a cursory view
of the Senatorial questions Of the
passing hour, and l have just read
with great interest the editorial of
the w. VA. DEMOCRAT of the 18th
instant. the constitutional provis-
ions. State and Federal, the Acts of
legislation touching the subject, ex-
cept have had no opportunity of
scanning the (Senatorial) preeed-
ents relating thereto, but have 70
doubt the opinions of Chief Justice
Taney and William Writ and the
decision of the Senate itself in the
case of Bell of New Hampshire,
which seated Mr.. Bell after great
opposition and thorough discussion,
are entirely right and ought to pre-
vail. And / esteem it clear that the
untitled vacancy at the end of 4
term is as much a vacancy in the
view Of the Constitution as any 9th
err and the Governor is called on to
fill it till the next meeting Of the
Legislature as he is to ill any other
vacancy that may happen (other-
wise) in the office of Senator. There
is no reason why the trainers of the
Constitution should use language
which embraces all vacancies and
provides tor all others and leave un-
provided for the vacancy happening
at the end OF a term because Of the
failure of a Legislature to meet or
its inability to elect. The Consti-
tuition contemplates the representa-
ton Of each State by two members
in the Councils of the L. S. Senate,
and the fathers, in order to secure
that high council in its complete or
ganization, in providing for events
and vacancies which must occur in
the nature of things, uses language
which in It's most obvious meaning,
applies to all vacancies, none more
certainly than vacancies at the end
of a term; especially when under
our bi-annual system or it may be
hereafter quad or tri annual sys-
TEN. or in 4 peculiar state Of parties
or owing to corrupt practices or
honest differences Of opinions or
both or a variety OF causes, may be
unable TO meet in time or TO make
a choice when assembled. The eX-
periences of the past winter evident
" demonstrate, that vacancies from
expiration Of the term without legis-
latiye action, may the most frequent,
why then, by a forced and unnstu-
raj construction It should ever have
been attempted to make the trainers
appear so stupid as not to provide
for it am at a loss to conjecture.
The State itself must make it's
choice, through one Of its two repre-
sentative organs, its Legislature or
its Governor, but it must be the free
choice of the State or the selection
is a farce. And while the L. 5.
Constitution is 20 be observed, of
course the free choice of the State in
this free government is to be defer
red to, except SO far as it clearly
conflicts with the constitution of the
L. s. and the laws made in pursu-
ance thereof. 1t is TO be presumed
all things in regard to the matter
are rightly done unless the contrary
is made clearly to appear. 1t was
the duty of the Legislature last win
ter to elect for the State Senator
to ill the vacancy 90 occur in the
seat OF J. \. Camden his title to
which was to expire and did expire
on the 3rd of March inst, but the
Legislature after, day by day, dill
gently pursuing all the methods
prescribed by law till the 25th of
February, when it ceased to he 4
Legislature by operation of law,
failed to make an election from
honest conscientious differences we
must presumed And subsequently
on the 3rd of March, the seat of Mr..
Camden became vacant by the eXpi
ration of his tcrm--the Governor on
the 9th of March under the authori-
ty of law and representing the State
as fully as the Legislature could
have done, then under the broad
seal of the State appointed Daniel
b. Lucas, of jefferson county, to fill
the vacancy till the next meeting of
the Legislature whose next meeting
under the express appointment of
the Constitution was to be on the
second Wednesday in January, 1889,
as it then appeared. Can this com
mission be abridged?
The question and the only one re
naming to be discussed is, when
does Mr.. Lucas office expire:
The State has ordered the people
to assemble and act legislatively on
a Constitutional Amendment by
adopting or rejecting it. This may
be the next legislative meeting
the action is clearly Legislative
though the action of the meeting is
limited and specific. Does Mr.. Lu
cas- office expire then? Certainly
not because it has no plenary pow
ers. fit had such power, it would
revolutionize the Government.
Well, the meeting of the Legisla-
ture last winter expired without act
ing on the appropriation bills and
some two or three other bills. The